Department of State Workers' Compensation Board
Pursuant to subdivision 1 of section 202-d of the State Administra- Pursuant to section 202-d of the State Administrative Procedures
tive Procedure Act (SAPA), notice is hereby provided of the following Act, the Workers' Compensation Board presents its regulatory agenda
rules which the Department of State is considering proposing but for for 2005. All references are to Title 12 of the New York Code of Rules
which a rule making proceeding has not been commenced. All refer- and Regulations. The Board reserves the right to add, delete or modify
ences are to Title 19 of the New York Code of Rules and Regulations. any item presented in this agenda.
The Department of State's regulatory plans are subject to change and The Workers' Compensation Board has begun the process for ap-
the Department reserves the right to add, delete, or modify any item proval by the Governor's Office of Regulatory Reform for the following
herein. two amendments:
This notice is also intended to provide small businesses, local 1. Part 300.2, subdivision (d), paragraph (11) to amend the time for
governments, and public and private interests in rural areas with the filing written reports of independent medical examinations (IMEs) with
opportunity to participate in the rule making process, as provided for the Board and furnished to all others, and;
in sections 202-b and 202-bb of SAPA. 2. Part 300.36, subdivision (b), consistent with section 32 of the
The public is welcome to send written comments on the Department Workers' Compensation Law, to permit the administrative review of
of State's Regulatory Agenda to the contact person at the end of this list. waiver agreements.
DIVISION OF ADMINISTRATIVE RULES In addition, the Board is considering proposing the following:
Parts 260 and 261 Considering making amendments to several rule 1. Add a new Part 304 to implement the provisions contained within
making forms, correcting incorrect references in Parts 260 and 261, Chapter 638 of the Laws of 2004, as amended by Chapter 70 of the
simplifying rule making submission requirements, and repealing Laws of 2005. Chapter 638 of the Laws of 2004 provided for the direct
outdated rule making forms. deposit of workers' compensation benefit payments upon written request
DIVISION OF COASTAL RESOURCES of the injured employee. Chapter 70 of the Laws of 2005 clarified that
Part 601 Considering amending regulations concerning Local participation by employers in the direct deposit program was voluntary
Waterfront Revitalization Programs (LWRPs) to provide for the and not mandated.
preparation of partial LWRPs. 2. Add a new Part 325-9, pursuant to Workers' Compensation Law
Chapter XIII Considering amending regulations concerned with sections 13(e) and 20, to establish guidelines and parameters for the use
Waterfront Revitalization of Coastal Areas and Inland Waterways to of impartial medical specialists when an established claim requires an
strengthen and streamline these provisions. expert opinion or examination.
CODES DIVISION 3. Repeal Part 310.1, pursuant to Chapter 635, Section 58 of the
Parts 1220-1226 Considering amending the Uniform Fire Preven- Laws of 1996, which omitted Section 110(b) of the Workers' Compensa-
tion and Building Code to update its provisions. tion Law and made Rule 310.1 obsolete.
Part 1240 Considering amending the State Energy Conservation 4. Amend Part 300.22, 300.23, 300.29, and 403.1 to eliminate
Construction Code to update its provisions. references to obsolete forms.
5. Amend Part 300 to remove references to obsolete bureaus, and
DIVISION OF LICENSING SERVICES
board staff, as well as provide for technological advancements and the
Chapter V Considering adding regulations establishing a curriculum
appropriate location of the Board's executive offices.
and standards for qualifying education and continuing education for
6. Amend Parts 300, 315, 316, 317, 355, 356, 357, 358-1, 358-3,
home inspectors licensed pursuant to the Real Property Law.
359, 360, 361, 362, 363, 364, 375, 376, 377, 378, 379, 390, 391, and
Considering adding regulations designating a qualifying exam or
393 to change all references from "Chairman", "chairman" and "chair"
exams for home inspectors licensed pursuant to the Real Property Law.
to "Chair" for uniformity and to connote gender neutrality and to correct
Considering adding regulations specifying the amount and type of
punctuation, grammatical and typographical errors. Subpart 358-3 and
liability insurance required for home inspectors licensed pursuant to the
sections 363.12 and 378(1) are being amended so that the headings
Real Property Law.
conform to the text of the rules contained in the subpart and sections.
To obtain information about or submit written comments concerning
Section 363.11(a) is being further amended to comply with notice filing
any item in this Regulatory Agenda, contact: Nathan A. Hamm, Office
requirements established in section 217 of the Workers' Compensation
of Counsel, The Department of State, 41 State Street, Albany, New York
Regulatory Agenda NYS Register/July 27, 2005
The Board will continue to review its rules in an effort to provide
for clearer and more accurate references to Board policies and proce-
dures, while also eliminating typographical errors and obsolete forms/
To obtain information or submit written comments regarding this
regulatory agenda, contact Cheryl M. Wood, General Counsel, Workers'
Compensation Board, 20 Park Street, Rm. 401, Albany, NY 12207,
(518) 486-9564, e-mail: OfficeofGeneralCounsel@wcb.state.ny.us